 |
SECTION ONE:
SUBSCRIBER STATUS
SECTION ONE:
SUBSCRIBER STATUS
1.01 BECOMING A SUBSCRIBER OF MILLIONAIREX1
An applicant becomes a Subscriber of MillionaireX1 when the
applicant's completed Application has been received and accepted via
the MillionaireX1 online subscription system. MillionaireX1 reserves
the right to decline any Application for any reason, at its sole
discretion. Subscriber uses his/her best effort to promote and sell
subscriptions of MillionaireX1 to consumers pursuant to the
Agreement contained within these Policies & Procedures and Terms &
Conditions. In doing so, Subscriber will maintain the high standards
of honesty, and integrity and business ethics when dealing with
consumers, the MillionaireX1 Corporation or other MillionaireX1
Subscribers.
1.02 SUBSCRIBER ONE-TIME PURCHASE REQUIRED
A one-time purchase of US$7 is required to become a Subscriber of
MillionaireX1 and receive the 100 daily MILLIONIZERS product package
during a 100 days period.
1.03 SUBSCRIBER OBLIGATIONS & RIGHTS
Subscribers are authorized to sponsor new Subscribers and to sell
MillionaireX1 subscriptions and to participate in the MillionaireX1
compensation plan for one month. Subscribers may repeat this process
every month by purchasing the monthly subscription every month upon
their Month Anniversary Date.
1.04 LEGAL AGE
Subscribers must be of legal age in the state / province / country
of their residence. MillionaireX1 does not knowingly allow
Subscriber status to people less than 18 years of age. The same
policy applies to sales of MillionaireX1 subscriptions;
MillionaireX1 does not knowingly allow sales of MillionaireX1
subscriptions to people less than 18 years of age.
1.05 DIVORCE
When a couple sharing a Subscriber entity divorces or separates,
MillionaireX1 will continue to pay commission payments in the same
manner as before the di¬vorce or separation until it receives
written notice signed by both parties or a court decree which
specifies how future commission payments should be paid.
1.06 CORPORATIONS, PARTNERSHIPS & TRUSTS
Corporations, partnerships, limited liability companies or other
forms of business organizations or trusts may become Subscribers of
MillionaireX1. Shareholders, directors, officers, partners, members,
beneficiaries and trustees, as applicable of Subscriber entity must
agree to hold such title, and MillionaireX1 will hold each
personally liable and bound by the Agreement and these Policies &
Procedures and Terms & Conditions.
1.07 FICTITIOUS OR ASSUMED NAMES
A person or entity may not apply as a Subscriber using a fictitious
or assumed name.
1.08 INDEPENDENT CONTRACTOR STATUS
Subscribers are independent contractors responsible for determining
their own activities without direction or control by MillionaireX1.
They are not franchisees, joint venture, partners, employees or
agents of MillionaireX1 and are prohibited from stating or implying,
whether orally or in writing, otherwise. Subscribers have no
authority to bind MillionaireX1 to any obligation. MillionaireX1 is
not responsible for pay¬ment or co-payment of any employee benefits.
Subscribers are responsible for liability, health disability and
worker's compensation insurance. Subscribers set their own hours and
determine how to conduct business, subject to the MillionaireX1
Agreement, Policies & Procedures and Terms & Conditions.
1.09 INTERNAL REVENUE CODE
As independent contractors, Subscribers will not be treated as
franchi¬sees, owners, employees or agents of MillionaireX1 for
federal or state tax purposes including, with respect to the
Internal Revenue Code, Social Security Act, Federal Unemployment
Act, State Unemployment Acts or any other federal, state, or local
statute, ordinance, rules or regulations.
1.10 TAXATION
Subscribers are responsible for any and all taxes payable in their
particular resident domicile or jurisdiction for any income received
either from MillionaireX1 or any programs promoted via
MillionaireX1.
1.11 LEGAL COMPLIANCE
Subscribers must comply with all federal, state and local statutes,
regula¬tions and ordinances concerning the operation of their
MillionaireX1 business. Subscribers are responsible for their own
managerial decisions and expenditures in¬cluding all estimated
income and self-employment taxes.
1.12 NO EXCLUSIVE TERRITORIES
No franchise is granted and there are no exclusive territories for
sales or sponsoring purposes. No geographical limitations exist on
spon¬soring or selling above and beyond the almost 200 countries and
territories within which our payment processor AlertPay allows
payment transactions.
SECTION TWO: TERM & RENEWAL
2.01 TERM
The Agreement shall have a term which shall begin on the date of
acceptance by MillionaireX1 and end one month from the date thereof
--- the “Month Anniversary Date”.
2.02 RENEWAL
Subscribers must renew monthly, on the Month Anniversary Date and
Subscriber has the right to decline to accept any renewal at his/her
sole discretion. Subscribers not renewing by the renewal date shall
be deemed to have voluntarily terminated their Subscriber
rela¬tionship with MillionaireX1, and thereby lose their Subscriber
entity, all sponsorship rights, their positions in the compensation
plans and all rights to com¬missions and bonuses.
SECTION THREE: SPONSORSHIP
3.01 SPONSORING
Subscribers may sponsor other Subscribers into MillionaireX1.
Subscribers must ensure that each potential new Subscriber has
reviewed and has had access to the current Policies & Procedures and
Terms & Conditions prior to Subscribing.
3.02 TRAINING REQUIREMENT
A Sponsor must maintain an ongoing professional leadership
association with Subscribers in his or her organization and must
fulfill the obligation of performing a bona fide supervisory
function in the sale of subscriptions.
3.03 INCOME CLAIMS
Subscribers must truthfully and fairly describe the MillionaireX1
compensation plan. No past, potential or actual income claims may be
made to prospective Subscribers, nor may Subscribers use their own
incomes as indications of the success assured to others. Subscribers
may not guarantee commissions or estimate expenses to prospects.
3.04 TRANSFER OF SPONSORSHIP
The company does not permit the transfer of sponsors. Network
marketing is a business of creating relationships. Once a Subscriber
is sponsored, the company believes in maximum protection of that
relationship. The only exception is upon prior written ap¬proval of
MillionaireX1 to correct ethical violations as determined at the
sole discre¬tion of MillionaireX1.
3.05 CROSS SPONSORING
Subscribers may not sponsor, nor attempt to sponsor, any non
personally sponsored Distributors in any other network marketing
company. In addition, no Subscriber may participate in any action
that causes another Subscriber to be sponsored through someone else
into another network marketing company.
SECTION FOUR: RESIGNATION/TERMINATION
4.01 VOLUNTARY RESIGNATION
Subscriber may voluntarily terminate his or her Subscriber status by
failing to renew each month or by sending written notice of such
resignation or termination to MillionaireX1. Voluntary resignation
is effective upon receipt of such notice by MillionaireX1.
4.02 SUSPENSION
Subscriber may be suspended for violating the terms of his or her
Agree¬ment, which includes these Policies & Procedures and Terms &
Conditions and other documents produced by MillionaireX1. When a
decision is made to suspend Subscriber, MillionaireX1 will inform
the Subscriber in writing that the sus¬pension has occurred
effective as of the date of the written notification, the reason for
the suspension and the steps necessary to remove such suspen¬sion
(if any). The suspension notice will be sent to the Subscriber's
email address on file pursuant to the notice provisions contained in
the Policies & Procedures and Terms & Conditions. Such suspension
may or may not lead to termination of the Subscriber as so
determined by MillionaireX1 at its sole discretion. If the
Subscriber wishes to appeal, MillionaireX1 must receive such appeal
in writing within fifteen (15) days from the date of the suspension
notice. MillionaireX1 will re¬view and consider the suspension and
notify the Subscriber in writing of its deci¬sion within fifteen
(15) days after receipt of the appeal. The decision of MillionaireX1
will be final and subject to no further review. MillionaireX1 may
take certain action during the suspension period, including, but not
limited to, the following:
a) Prohibiting the Subscriber from holding himself or herself as
Subscriber or using any of the MillionaireX1 proprietary marks
and/or materials;
b) Withholding commissions and bonuses that are due the Subscriber
during the suspension period;
c) Prohibiting the Subscriber from purchasing services and products
from MillionaireX1;
d) Prohibiting the Subscriber from sponsoring new Subscribers,
con¬tacting current Subscribers or attending meetings of
Subscribers.
If MillionaireX1, at its sole discretion, determines that the
violation which caused the suspension is continuing, and has not
satisfactorily been resolved or a new violation involving the
suspended Subscriber has occurred, the suspended Subscriber may be
terminated.
4.03 TERMINATION
Subscriber may be immediately terminated for violating the terms of
his or her Agreement, which includes these Policies & Procedures and
Terms & Conditions and other documents produced by MillionaireX1
upon written notice. MillionaireX1 may terminate a violating
Subscriber with¬out placing the Subscriber on suspension, at the
sole discretion of MillionaireX1. When the decision is made to
terminate Subscriber, MillionaireX1 will inform the Subscriber in
writing at the email address in the Subscriber's file that the
termination has occurred.
4.04 APPEAL
If Subscriber wishes to appeal the termination, MillionaireX1 must
receive the appeal in writing within fifteen days from the date of
notice of termina¬tion. If no appeal is received within the fifteen
day period, the termina¬tion will automatically be deemed final. If
Subscriber files a timely notice of appeal, MillionaireX1 will
review the appeal and notify the Subscriber of its decision within
fifteen days after receipt of the appeal. The decision of
MillionaireX1 will be final and subject to no further review. In the
event the termination is not rescinded, the termination will remain
effective as of the date stated in the original termination notice.
4.05 EFFECT OF TERMINATION
Immediately upon termination, the terminated Subscriber:
a) Must remove and permanently discontinue the use of the
trademarks, service marks, trade names and any signs, labels,
stationary or advertising referring to or relating to any product,
plan or program of MillionaireX1.
b) Must cease representing themselves as Subscriber of
MillionaireX1;
c) Loses all rights to his or her Subscriber position in the
com¬pensation plan and to all future commissions and earnings
resulting there¬ from;
d) Must take all action reasonably required by MillionaireX1
relating to protection of MillionaireX1 confidential information.
MillionaireX1 has the right to offset any amounts owed by Subscriber
to MillionaireX1 including, without limitation, any indemnity
obligation incurred, from commissions or other compensation due to
the Subscriber.
4.06 REAPPLICATION
The acceptance of any reapplication of a terminated Subscriber or
the application of any family member of a terminated Subscriber
shall be at the sole discretion of MillionaireX1 and can be denied.
4.07 STATE OR COUNTRY LAWS
Where state or country laws on termination are inconsistent with
this policy, the applicable state or country law shall apply.
SECTION FIVE: TRANSFERABILITY
5.01 ACQUISITION OF BUSINESS
Any Subscriber desiring to acquire an interest in another
Subscriber's business must first terminate his or her Subscriber
status before becoming eligible for such a purchase. All such
transactions must be fully disclosed and must be approved by
MillionaireX1 in advance.
5.02 TRANSFERS OF SUBSCRIBERSHIPS
Except as expressly set forth herein, Subscriber may not sell,
assign or otherwise transfer his or her Subscriber entity (or rights
thereof) to another Subscriber or to an individual which has an
interest in Subscriber entity. Notwithstanding the foregoing,
Subscriber may transfer his or her Subscriber entity to his or her
sponsor, subject to the conditions of Section 5.03. In such an
event, the sponsor's entity and the transferring Subscribers entity
shall be merged into one entity.
5.03 CONDITIONS TO TRANSFERABILITY
Subscribers may not sell, assign, merge or transfer his or her
Subscriber entity (or rights thereto) without the prior written
approval of MillionaireX1 and com¬pliance with the following
conditions:
a) MillionaireX1 possesses the right of first refusal with respect
to any sale, assign¬ment, transfer or merger of any Subscriber
entity. Subscriber wishing to sell, assign, transfer or merge his or
her Subscriber entity must first provide MillionaireX1 with the
right and option to make such a purchase or receive such transfer in
writing on the same terms and conditions as any outstanding or
intended offer. MillionaireX1 will advise the Subscriber within ten
business days after re¬ceipt of such notice of its decision to
accept or reject the offer. If MillionaireX1 fails to respond within
the ten day period or declines such offer, the Subscriber may make
the same offer or accept any outstanding offer which is on the same
terms and conditions as the offer to MillionaireX1 to any person or
entity who is not Subscriber, married to, or a dependent of
Subscriber or who has any interest in Subscriber;
b) The selling Subscriber must provide MillionaireX1 with a copy of
all documents which detail the transfer, including, without
limitation, the name of the pur¬chaser, the purchase price and terms
of purchase and payment;
c) An office administration transfer fee of US$100 must accompany
the transfer documents;
d) The documents must contain a covenant made by the selling
Subscriber for the benefit of the proposed purchaser not to compete
with the purchaser or attempt to divert or sponsor any existing
Subscriber for a period of twelve months from the date of the sale
or transfer;
e) Upon a sale, transfer or assignment being approved in writing by
MillionaireX1, the buying Subscriber must assume the position and
terms of agreement of the selling Subscriber and must execute a
current Agreement and all such other documents as required by
MillionaireX1;
f) MillionaireX1 reserves the right, at its sole discretion, to
stipulate additional terms and conditions prior to approval of any
proposed sale or transfer. MillionaireX1 re¬serves the right to
disapprove any sale or transfer, where allowed by law.
5.04 CIRCUMVENTION OF POLICIES
If it is determined, at the sole discretion of MillionaireX1, that
Subscriber entity was transferred in an effort to circumvent
compliance with the Agreement, the Policies & Procedures or Terms &
Conditions, the transfer will be declared null and void. The
Subscriber entity will revert back to the transfer¬ring Subscriber,
who will be treated as if the transfer had never occurred from the
reversion day forward. If necessary and at the sole discretion of
MillionaireX1, ap¬propriate action, including, without limitation,
termination, may be taken against the transferring Subscriber to
ensure compliance with the Policies & Procedures and Terms &
Conditions.
5.05 SUCCESSION
Notwithstanding any other provision of this Section, upon the death
of Subscriber, the Subscribership will pass to his or her successors
in interest as provided by law. However, MillionaireX1 will not
recognize such a trans¬fer until the successor in interest has
executed a current Agreement and submitted certified copies of the
death certificate, will, trust or other instru¬ment required by
MillionaireX1. The successor will thereafter be entitled to all the
rights and be subject to all the obligations of a MillionaireX1
Subscriber.
SECTION SIX: PROPRIETARY INFORMATION
6.01 CONFIDENTIALITY AGREEMENT
During the term of the Agreement, MillionaireX1 may supply to
Subscribers con¬fidential information, including, but not limited to
genealogical and downline reports, customer lists, customer
information developed by MillionaireX1 or devel¬oped for and on
behalf of MillionaireX1 by Subscribers (including, but not limited
to, credit data, customer and Subscriber profiles and product
purchase infor¬mation), Subscriber lists, manufacturer and supplier
information, business reports, commission or sales reports and such
other financial and business information which MillionaireX1 may
designate as confidential. All such information (whether in written
or electronic format) is proprietary and confidential to
MillionaireX1 and is transmitted to Subscribers in strictest
confidence on a “need to know” basis for use solely in Subscribers
business with MillionaireX1. Subscribers must use their best efforts
to keep such information confidential and must not dis¬close any
such information to any third party, or use this information for any
non-company activity directly or indirectly while a Subscriber and
thereafter. Subscribers must not use the information to compete with
MillionaireX1 or for any purpose other than promoting the
MillionaireX1 program and its subscriptions. Upon expiration,
non-renewal or termination of the Agreement, Subscribers must
discontinue the use of such confidential information and promptly
return any confidential information in their possession to
MillionaireX1.
6.02 VENDOR CONFIDENTIALITY
MillionaireX1 business relationships with its vendors, manufacturers
and suppli¬ers are confidential. Subscribers must not contact,
directly or indirectly, or speak to, or communicate with any
supplier or manufacturer of MillionaireX1 except at MillionaireX1
sponsored events at which the supplier or manufacturer is present at
the request of MillionaireX1.
6.03 COPYRIGHT RESTRICTIONS
With respect to product purchases from MillionaireX1, Subscribers
must abide by all manufacturers' use restrictions and copyright
protections.
6.04 COPYRIGHT
The MillionaireX1 program and materials in its entirety are
copyrighted by James Lee Valentine, the founder of MillionaireX1.
Therefore, unless covered by a separate agreement entered into and
signed by James Lee Valentine, no parts of this program and
materials may be changed in any format, sold independently, or used
in any way other than what is outlined within the MillionaireX1
program and materials. All branding, logos and graphics contained
within MillionaireX1 websites and materials are copyrighted.
Distribution or copying of such content is expressly prohibited
unless the content says otherwise. MillionaireX1 provides members
with approved materials for marketing within the Members Area.
SECTION SEVEN: TRADEMARKS, LITERATURE & ADVERTISING
7.01 TRADEMARKS
MillionaireX1 trademarks, service marks and copyrighted materials
are owned by MillionaireX1. The use of such marks and materials must
be in strict compli¬ance with these Policies & Procedures. The
following names are all trademarked by James Lee Valentine and are
synonymous with the MillionaireX1 program: MX1, MillionaireX1,
Millionizer, Empowered Millionaire, Powerizer, Power Library. Their
use by any member of MillionaireX1 is strictly limited to the
MillionaireX1 program.
7.02 ADVERTISING & PROMOTIONAL MATERIALS
Only the promotional and advertising materials produced by
MillionaireX1 or ap¬proved in advance in writing by MillionaireX1
may be used to advertise or promote a Subscriber's business or to
sell subscriptions of MillionaireX1. The litera¬ture and materials
of MillionaireX1 may not be duplicated or reprinted without prior
written permission.
7.03 USE OF COMPANY NAME
Subscribers may use the name of MillionaireX1 only in the following
format: “Subscriber of MillionaireX1”.
7.04 STATIONERY AND BUSINESS CARDS
Subscribers are permitted to create their own stationery, business
cards or letterhead graphics, but only the approved graphics and
wording of MillionaireX1 are permitted.
7.05 ELECTRONIC ADVERTISING
Subscribers may freely advertise or promote their Subscriber
business. However they may not advertise or promote or use the
MillionaireX1 name in any electronic media or transmission,
including on the internet via websites or oth¬erwise, without the
prior written approval of the MillionaireX1 legal department.
7.06 TELEPHONE LISTING
Subscribers are not permitted to use the MillionaireX1 trade name in
advertising their telephone and telecopy numbers in the white or
yellow page sections of the telephone book. Subscribers are not
permitted to list their telephone num¬bers under the MillionaireX1
trade name without first obtaining prior written ap¬proval from
MillionaireX1. If approval is granted for an “800” listing, it must
be stated in the following manner: “Subscriber of MillionaireX1”.
7.07 TELEPHONE ANSWERING
Subscribers may not answer the telephone by saying “MillionaireX1,”
or in any other manner that would lead the caller to believe that he
or she has reached the offices of MillionaireX1.
7.08 IMPRINTED CHEQUES
Subscribers are not permitted to use MillionaireX1 trade name or any
of its trade¬marks or service marks on their business or personal
cheque accounts.
7.09 MEDIA INTERVIEWS
Subscribers are prohibited from granting radio, television,
newspaper tab¬loid or magazine interviews or using public
appearances, public speaking engagements, or making any type of
statement to the public media to pub¬licize MillionaireX1, its
products or MillionaireX1 businesses, without the express prior
written approval of MillionaireX1. All media inquires should be in
writing and referred to the corporate office, legal department of
MillionaireX1.
7.10 ENDORSEMENTS
No endorsements by a MillionaireX1 officer or administrator or third
party may be asserted, except as expressly communicated in
MillionaireX1 literature and com¬munications. Federal and state
regulatory agencies do not approve or en¬dorse direct selling
programs. Therefore, Subscribers may not represent or imply,
directly or indirectly, that the programs, products or services of
MillionaireX1 have been approved or endorsed by any governmental
agency.
7.11 RECORDINGS
Subscribers may not produce or reproduce for sale prod¬ucts sold by
MillionaireX1 or any MillionaireX1 produced literature, audio or
video material, pre¬sentations, events or speeches, including
conference calls. Video and/or au¬dio taping of MillionaireX1
meetings and conferences is strictly allowed for personal use only.
7.12 REPACKAGING PROHIBITED
Subscribers may not repackage products or materials of
MillionaireX1.
7.13 INDEPENDENT COMMUNICATIONS
Subscribers, as independent contractors, are encouraged to
distribute information and direction to their respective downlines.
However Subscribers must identify and distinguish between personal
communications and the official communications of MillionaireX1.
SECTION EIGHT: PAYMENT OF COMMISSIONS
8.01 BASIS FOR COMMISSIONS
Commissions are paid only on the sale of MillionaireX1 subscriptions
(the product). No commissions are paid on the purchase of sales
materials or for sponsoring Subscribers.
8.02 COMMISSION PAYMENTS FREQUENCY
Commissions are paid automatically by the MillionaireX1 proprietary
software on an INSTANT basis --- meaning that within one hour of any
commission being earned it is credited to the respective subscriber.
Our payment software systems run a commissions cycle every 60
minutes --- so the longest a subscriber should have to wait for
their commissions to be credited to them is one hour.
8.03 COMMISSION PAYMENTS QUALIFICATION
There are zero qualifications necessary for subscribers of
MillionaireX1 to earn their commissions.
8.04 OFFSET OF COMMISSIONS
Though MillionaireX1 has a zero refunds policy, occasionally we may
have to issue refunds. Any commissions or bonuses earned and paid on
subscription refunds is the obligation of the earning Subscribers
and must be repaid to MillionaireX1 by the Subscribers earning such
commissions. MillionaireX1 has the right to offset such amounts
against future com¬missions and other compensation paid or owed to
such Subscribers who received commissions on the refunded
subscription payments.
SECTION NINE: PURCHASE & SALE OF PRODUCTS
9.01 MILLIONAIREX1: MILLIONIZER PROGRAM
First and foremost, MillionaireX1 is the exclusive retailer of the
personal success 'MILLIONIZER' program for self-improvement. The
information contained within these materials is strictly for
personal growth and coaching and educational purposes. Therefore, if
anyone wishes to apply any of the strategies and principles to their
own life, they are taking full responsibility for their own actions
and results.
9.02 MULTIPLE PURCHASE RULES
The success of MillionaireX1 depends on retail sales to the ultimate
consumer of monthly subscriptions. However, MillionaireX1 strictly
prohibits the multiple sales of the same subscriptions to the same
consumer only or primarily to qualify for compensation.
9.03 RETAIL SALES RULES
If MillionaireX1 deter¬mines that retail sales were not actually
made, the Subscriber must repay MillionaireX1 all commissions earned
during the calendar period in which the retail sales were purported
to have been made.
9.04 ORDERING METHODS
All orders submitted to MillionaireX1 other than via the online
systems shall have the Subscriber Identification Num¬ber placed
thereon to assist MillionaireX1 in crediting the appropriate
Subscriber.
9.05 PAYMENT OPTIONS
Subscription purchases are to be paid solely via the AlertPay
payment portal of MillionaireX1. Orders for products are not
effective until accepted by MillionaireX1.
9.06 PRODUCT DELIVERY
Payment for the subscription shall be made at the time of order.
Upon clearance of payment, delivery of the products and materials
ordered shall commence. The 'MILLIONIZER' program is delivered via
email on a daily basis for 90 consecutive days. The first email is
sent to the consumer starting within one (1) business day of receipt
of their US$7 subscription payment.
9.07 PRICING POLICY
The price for the MillionaireX1 one-time product purchase is US$7
and is not intended to change. However, always in the best interests
of the Subscribers, MillionaireX1 reserves the right to amend the
Agreement, Policies & Procedures, Terms & Conditions, its retail
prices, subscription cost and duration, product and service
availability, and the compensa¬tion plan types at any time without
prior notice as it deems appropriate.
9.08 PROMOTIONAL ITEMS
All promotional items which bear the MillionaireX1 name or logo must
be purchased solely from MillionaireX1 unless prior written
permission is obtained from MillionaireX1.
9.09 PRODUCT & SERVICES CLAIMS
Subscribers may make no claim, representation or warranty concerning
any product or service of MillionaireX1, except those expressly
approved in writing by MillionaireX1 or contained in official
MillionaireX1 materials.
9.19 SPAMMING
Unsolicited e-mailing (SPAMMING) is prohibited. See our SPAM POLICY
for more details.
SECTION TEN: MILLIONAIREX1 ZERO REFUNDS POLICY
10.01 MILLIONAIREX1 ZERO REFUNDS POLICY
MillionaireX1 offers a
ZERO REFUNDS POLICY
to all monthly Subscribers. This is firstly because commissions on
all subscriptions are paid out on an instant basis within one hour
of the subscription being received. Secondly, all Subscribers to
MillionaireX1 receive the daily Millionizer program for 100 days
after subscribing. Therefore no refunds shall be made.
To repeat: MillionaireX1 offers no refunds. So please do not
subscribe to MillionaireX1 if this zero refund policy bothers you or
you do not agree with it.
10.02 DO NOT JOIN MILLIONAIREX1 IF ANY OF THESE APPLY TO YOU:
1) You have no interest in furthering your own personal success.
2) You have no access to a broadband internet enabled computer.
3) You lack basic computer knowledge or lack the willingness to
learn.
4) Purchasing the product at US$7 would cause you financial
hardship.
5) You do not agree with the ‘ZERO REFUNDS POLICY’ of MillionaireX1.
10.03 WARRANTIES
Except as expressly stated herein, MillionaireX1 makes no warranty
or representation as to the merchantability, fitness for a
particular purpose, workmanship or any other warranty concerning any
product or service purchased from or through MillionaireX1.
SECTION ELEVEN: MILLIONAIREX1 PAYMENT PORTALS
11.01 MillionaireX1 uses AlertPay as our payment portal provider of
choice.
11.02 Subscribers of MillionaireX1 are required to set up an
AlertPay account for sending funds for the monthly subscription and
for receiving funds for the commissions. AlertPay accounts are free
to set up.
11.03 AlertPay transaction fees incurred during payment of any
Subscription purchases to MillionaireX1 will be absorbed by
MillionaireX1. AlertPay transaction fees for receiving any
commissions from MillionaireX1 will be absorbed by the Subscribers
receiving the commissions.
11.04 Payment Processor Disclaimer: MillionaireX1 and AlertPay are
separate independent entities. Any funds in a subscriber’s AlertPay
account are the full responsibility of the subscriber and AlertPay.
They are in no way the responsibility of MillionaireX1 in any
manner.
11.05 AlertPay is a Canadian registered corporation and a United
States registered corporation and complies with the regulations of
the OSFI (Office of the Superintendent of Financial Institutions,
Canada), FINTRAC (Financial Transactions and Reports Analysis Centre
of Canada) and FinCEN (Financial Crimes Enforcement Network). All
monies deposited with AlertPay are FDIC (Federal Deposit Insurance
Corporation) and CDIC (Canada Deposit Insurance Corporation)
pass-through insured in the U.S.A. and Canada, and are held with
federally chartered and regulated banks.
11.06 MillionaireX1 may change the payment portal provider of choice
or elect to use various other payment portal methods at its
discretion for receiving funds for the monthly subscriptions and for
sending funds for the monthly commissions. Notice via email and also
posted in the Members Area will be given to the Subscribers of any
changes regarding the status of any payment portals and payment
methods.
SECTION TWELVE: GENERAL PROVISIONS
12.01 INDEMNITY AGREEMENT
Subscriber agrees to indemnify and hold harmless MillionaireX1, its
shareholders, officers, directors, employees, agents and successors
in in¬terest from and against any claim, demand, liability, loss,
cost or expense including, but not limited to, court costs and
attorneys' fees, asserted against or suffered or incurred by any of
them, directly or indirectly arising out of or in any way related to
or connected with allegedly or otherwise, the Subscribers (a)
activities as Subscriber; (b) breach of the terms of the Agreement;
and/or (c) violation of or failure to comply with any applicable
federal, state or local law or regulation.
12.02 PROCESSING CHARGES
MillionaireX1 reserves the right to institute a processing charge
for commission cheques and/or genealogy requests.
12.03 OTHER SERVICES & PRODUCTS
Subscribers may not promote or sell another company's products or
ser¬vices at functions organized to feature the MillionaireX1
program. Subscribers are not restricted from selling other company's
services and products which are not similar to or competitive with
the subscriptions of MillionaireX1. How¬ever promotion of
competitive services, products and/or business programs with anyone,
including Subscribers, is strictly prohibited.
12.04 LIABILITY
To the extent permitted by law, MillionaireX1 shall not be liable
for, and each Subscriber releases MillionaireX1 from, and waives all
claims for any loss of profits, indi¬rect, direct, special or
consequential damages or any other loss incurred or suffered by
Subscriber as a result of (a) the breach by Subscriber of the
Agreement and/or the Terms & Conditions and/or the Policies &
Procedures; (b) the operation of Subscriber's business; (c) any
incorrect or wrong data or information provided by Subscriber; or
(d) the failure to provide any information or data necessary for
MillionaireX1 to operate its business, including, with¬out
limitation, the enrollment and acceptance of Subscriber into the
Com¬pensation Plan or the payment of commissions and bonuses.
12.05 RECORDKEEPING
MillionaireX1 encourages all Subscribers to keep complete and
accurate records of all their business dealings.
12.06 FORCE MAJEURE
MillionaireX1 shall not be responsible for delays or failure in
performance caused by circumstances beyond a party's control, such
as but not limited to: fire, flood, earthquake, storm, power
outages, labor difficulties, strikes, war, government decrees or
orders and/or curtailment of a party's usual source of supply.
12.07 VIOLATIONS
It is the obligation of every Subscriber to abide by and maintain
the in¬tegrity of the Policies & Procedures and Terms & Conditions.
If a Subscriber observes another Subscriber committing a violation,
he or she should discuss the violation di¬rectly with the violating
Subscriber. If the Subscriber wishes to report such violation to
MillionaireX1, he or she must detail violations in writing only and
mark the correspondence “Attention: MillionaireX1 Legal Department”.
12.08 AMENDMENTS
MillionaireX1 reserves the right to amend the Agreement, Policies &
Procedures, Terms & Conditions, its retail prices, subscription cost
and duration, product and service availability and the compensa¬tion
plan types at any time without prior notice as it deems appropriate.
Amend¬ments will be communicated to Subscribers through the official
MillionaireX1 website and or official MillionaireX1 publications.
Amendments are effective and binding upon submission to the
MillionaireX1 website. In the event any conflict exists between the
original documents or policies and any such amendment, the amendment
will control.
12.09 NON-WAIVER PROVISION
No failure of MillionaireX1 to exercise any power under these
Policies & Procedures or to insist upon strict compliance by
Subscriber with any obliga¬tion or provision herein, and no custom
or practice of the parties at variance with these Policies &
Procedures, shall constitute a waiver of MillionaireX1's right to
demand exact compliance with these Policies & Procedures.
MillionaireX1's waiver of any particular default by Subscriber shall
not affect or impair the rights of MillionaireX1 with respect to any
subsequent default, nor shall it affect in any way the rights or
obligations of any other Subscriber. No delay or omis¬sions by
MillionaireX1 to exercise any right arising from a default effect or
impair the rights of MillionaireX1 as to that or any subsequent or
future default. Waiver by MillionaireX1 can be affected only in
writing by an authorized officer of MillionaireX1.
12.10 GOVERNING LAW
The Agreement and these Policies & Procedures shall be governed by
the laws of London, United Kingdom.
12.11 DISPUTES
In the event a dispute arises between MillionaireX1 and a Subscriber
regarding their respective rights, duties under this agreement, or
in the event of a claim of breach of the Subscriber Agreement, it is
agreed that such dispute shall be exclusively resolved pursuant to
binding arbitration under the Commercial Rules of the United Kingdom
with arbitration to occur at London, United Kingdom. The Arbitrator
may award, in addition to declaratory relief, contractual damages
and shall award reasonable attorney’s fees and costs to the
prevailing party. An award of attorney’s fees and costs shall
continue through any review, appeal or enforcement of an arbitration
decision. The arbitration decision may be enforced in any court of
competent jurisdiction. This provision shall not be construed so as
to prohibit either party from obtaining preliminary or permanent
injunctive relief in any court of competent jurisdiction. The
parties each expressly waive their right to collect consequential,
punitive and exemplary damages from the other party.
12.12 ENTIRE AGREEMENT
The MillionaireX1 Policies & Procedures are incorporated into the
Agreement and, along with the MillionaireX1 Terms & Conditions and
MillionaireX1 Earnings Disclaimer and MillionaireX1 Spam Policy and
MillionaireX1 Privacy Policy, constitute the entire Agreement of the
parties regarding their business relationship.
12.13 SEVERABILITY
If under any applicable and binding law or rule of any applicable
jurisdic¬tion, any provision of the Agreement, including these
Policies & Procedures and Terms & Conditions, or any specification,
standard or operating procedure which MillionaireX1 has prescribed
is held to be invalid or unenforceable, MillionaireX1 shall have the
right to modify the invalid or unenforceable provision,
specification, standard or operating procedure or any portion
thereof to the extent required to be valid and enforceable, and the
Subscriber shall be bound by any such modifica¬tion. The
modification will be effective only in the jurisdiction in which it
is required.
12.14 LIMITATION OF DAMAGES
To the extent permitted by law, MillionaireX1 and its Subscribers,
offic¬ers, directors, employees and other representatives, shall not
be liable for, and Subscriber hereby release the foregoing from, and
waive any claim for loss of profit, incidental, spe¬cial,
consequential or exemplary damages which may arise out of any claim
whatsoever relating to MillionaireX1 performance, nonperformance,
act or omission with respect to the busi¬ness relationship or other
matters between any company and MillionaireX1, whether sounding in
contract tort or strict li¬ability. MillionaireX1 shall not exceed
and is hereby expressly limited to the amount of any commissions
owed to the Subscriber.
12.15 NOTICE
Any communication, notice or demand of any kind whatsoever which
either the Subscriber or MillionaireX1 may be required or may desire
to give or to serve upon the other shall be in writing and delivered
by electronic commu¬nication (if confirmed in writ¬ing sent by
registered or certified mail, postage prepaid, return receipt
re¬quested). Any such communication, notice or de¬mand shall be
deemed to have been given or served on the date of confirmed
dispatch, if by elec¬tronic communication, or on the date shown on
the return receipt or by other evidence if delivery is by mail.
12.16 MILLIONAIREX1: TIME ZONE
MillionaireX1 operates on Eastern Standard Time (EST). All purchases
and commission periods are calculated using EST from 00:00:00 hours
on the first day of the month to 23:59:59 hours on the last day of
the month, every month.
12.17 DO NOT
JOIN MILLIONAIREX1 IF ANY OF THESE APPLY TO YOU:
1) You have no interest in furthering your own personal success.
2) You have no access to a broadband internet enabled computer.
3) You lack basic computer knowledge or lack the willingness to
learn.
4) Purchasing the product at US$7 would cause you financial
hardship.
5) You do not agree with the ‘ZERO REFUNDS POLICY’ of MillionaireX1.
12.18 MILLIONAIREX1 REGISTERED OFFICE
MillionaireX1 Success System
c/o MillionaireX7 Global Incorporated
Mill Mall Tower, 2nd Floor
Wickhams Cay 1
Road Town
Tortola
British Virgin Islands 1110
Telephone: +63-939-253-3333
Email: admin@millionairex1.com
Note: This policy document along with all policy documents within
our website must be reviewed and approved prior to use for your
particular purpose. No statement of legality or compliance with any
regulatory agencies is made in providing you with this document. |
 |
